Prosecution Details

Being an employer, failed to provide and maintain, so far as was practicable, a working environment in which its employees were not exposed to hazards and by that failure caused the death of an employee.

On 12 January 2000, an accident occurred during the construction of a tavern in Cloverdale. In the early hours of the morning a pre-cast concrete panel was being manoeuvred into place using a crane. It was raining when the panel was lifted. A director of Go Crete Pty Ltd and an employee, a rigger, were holding the panel so as to steady it. When the panel was about 800 mm from its intended resting place, the lifting chains on the crane came into contact with overhead power conductors that were directly above the footing on which the panel was to rest. Both men received an electric shock and the employee died.

The matter was heard before Mr Roberts SM. Mr Roberts stated that in his view the defendant "failed, during the erection of concrete panels at 'the site' to ensure that a panel and a crane used to erect the panel did not contact or come into proximity with live overhead conductors thereby exposing employees holding the panel to the hazard of electric shock". Further, it was practicable to ensure that the panel and the crane would not contact or come into proximity to such conductors. "Western Power could have simply been asked to switch off the overhead conductors".

The defendant pleaded not guilty. The penalty was imposed under section 19(7). Defendant convicted on 19/3/02. Defendant appealed the finding that it caused the death of the employee, hence that it committed an offence under section 19(7). The appeal was dismissed on 30/8/2002.

convicted